A.
No building shall hereinafter be erected and no existing building
shall be moved, structurally altered, rebuilt, added to or enlarged,
nor shall any land be used for any purpose other than those included
among the uses listed as permitted in each district by this chapter
and meeting the requirements set forth in the appended schedule.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.
B.
In no case shall any lot be permitted to have more than one primary
use and one accessory use.
C.
No open space contiguous to any building shall be encroached upon
or reduced in any manner, except in conformity with the area and bulk
requirements, off-street parking requirements and all other regulations
designated in the schedule of this chapter for the zone district in
which such building or space is located. In the event of any such
unlawful encroachment or reduction, such building shall be deemed
to be in violation of this chapter, and any certificate of occupancy
issued shall be void.
A.
Undersized lots of record. Any lot, as defined herein, which was
legally created as of October 14, 1971, that fails to comply with
the minimum lot size requirements of this chapter may be used for
any use not otherwise prohibited in said district in which it lies,
provided that the owner thereof owns no side-adjoining land which,
if combined with the subject lot, would result in a lot conforming
to width, depth, and area requirements, and further provided that
the minimum side yard shall not be less than three feet. In addition,
on such lots, and notwithstanding maximum building height in feet
requirements of the Schedule of Area, Yard and Height Requirements,[1] the maximum building height in stories shall be three, provided that the first story is used for garage, half bathroom, laundry, utility, and/or recreation space only, and is not used as a separate living unit. Furthermore, on such lots, and notwithstanding accessibility and maneuverability requirements of § 650-32H as well as off-street parking space requirements of § 650-33, one of the spaces may be located in the front yard.
[Amended 8-10-2004 by Ord. No. MC 3269; 1-15-2008 by Ord. No. MC 3366; 8-10-2010 by Ord. No. MC 3425]
[1]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.
B.
Height. The height limitations of this chapter shall not apply to
silos, church spires, belfries, cupolas and domes not used for human
habitation, nor to chimneys, ventilators, skylights, water tanks and
necessary mechanical appurtenances usually carried above the roof
level. Such features, however, shall be erected only to such height
as is necessary to accomplish the purpose they are to serve. The provisions
of this chapter are not intended to prohibit the erection above the
building height limit of a parapet wall or cornice for ornament (and
without windows) extending above such height limit not more than five
feet.
C.
Yards. Open fire escapes may project not more than five feet into
any side or rear yard in a residential zone. A paved terrace at ground
level shall not be considered in the determination of side or rear
yard sizes or lot coverage if such terrace is unroofed and without
walls or other form of enclosure. No paved terrace shall be permitted
closer than five feet to any side or rear property line.
D.
Irregularly shaped lots. In the case of irregularly shaped lots,
the minimum lot width specified in the schedule may be measured at
the rear line of the required front yard, provided that in no case
shall the lot frontage measured at the street right-of-way line be
less than 70% of the minimum lot frontage as specified in the schedule.[2]
[2]
Editor's Note: The Schedule of Area, Yard and Height Requirements is included as an attachment to this chapter.
A.
No yard or other open space provided about any building for the purpose
of complying with the provisions of this chapter shall be considered
to provide a yard or open space for any other building.
B.
An accessory building attached to a principal building shall comply
in all respects with the yard requirements of this chapter for the
principal building. Detached accessory buildings shall be located
to the rear of the front building line of the principal building and,
if located in the side yard area, shall conform to side yard requirements
of the schedule. In rear yards, common accessory buildings may be
constructed to straddle the side lot between any two contiguous residential
lots, in which case the remaining side yard dimension shall not be
less than the total required for both accessory building side yards
in that zone.
C.
Every principal building shall be built upon a lot with frontage
upon an approved public street.
D.
At the intersection of two or more streets, no hedge, fence or wall
(other than a single post or tree) which is higher than three feet
above the curb level, nor any obstruction to vision, shall be permitted
in the triangular area formed by the intersecting street lines and
a line joining each street line 10 feet distant from said intersection.
E.
All yards facing on a public street shall be considered front yards.
Corner lots shall meet the minimum front yard requirements for the
respective zone for both streets for both principal and accessory
buildings.
F.
Where a building lot fronts on a street which is proposed for right-of-way
widening, the required front yard area shall be measured from such
proposed right-of-way line.
G.
No front yard shall be used for open storage or parking. All open
storage areas shall be screened from view of residential districts
by appropriate landscaping, which shall be maintained.
H.
Business structures or uses shall not display goods for sale or place
coin-operated vending machines of any type on the sidewalk or in the
entranceway in the front of the structure in which business activity
is conducted.
J.
Essential services and utilities shall be permitted as authorized
and regulated by law and other ordinances of the Township in any district.
It is the intent of this chapter to exempt such erection, construction,
alterations and maintenance from the application of this chapter.
K.
Whenever any street, alley or other public way is vacated by the
Municipal Council, the zone district shall be extended automatically
to the center of such vacated way.
L.
For the purpose of regulating the locations of accessory buildings
on corner lots, all portions of a corner lot or a through lot which
fronts on a public street shall be subject to the front yard requirements
of the zone district in which said corner lot or through lot is located.
No accessory building shall be permitted in any required front yard.
M.
No residential lot shall be less than 75 feet in depth.
N.
Any use not specifically permitted in a zoning district established
by this chapter is hereby specifically prohibited in that district.
The following uses and activities shall be specifically prohibited
in the Township of Irvington:
(1)
The keeping or raising of any animals other than domestic pets.
(2)
Trailer courts, trailer coaches, campers, vans, mobile homes and
house trailers used as a dwelling and commercial activities related
to the outdoor storage or display of trailer coaches; provided, however,
that nothing in this subsection shall be deemed to prohibit the placement
on a lot of one trailer coach for the sole purpose of providing temporary
living accommodations for persons whose dwelling unit located on said
lot has been damaged by fire. Placement of said trailer coach shall
be by permit of the Township Engineer, valid for 60 days and renewable
for not more than two additional thirty-day periods.
(3)
The use of a building or premises in such a manner as to endanger
the health, morals, safety or welfare of the community.
(4)
Any use which emits excessive and objectionable amounts of dust,
fumes, noise, odor, smoke, vibration, glare or waste products.[1]
[1]
Editor's Note: Former § 197-11O(6) of the 1981 Revised
Code, prohibiting restaurants in any building containing one or more
dwelling units, which previously followed this subsection, was repealed
1-15-2008 by Ord. No. MC 3366.
(5)
Junkyards, hazardous or toxic waste disposal or treatment facilities,
solid waste transfer stations and liquid gas or gasoline storage tanks.
O.
All exterior lighting shall be shielded, directed or buffered so
that glare or direct lighting or reflection will not be a nuisance
to surrounding properties.
P.
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transferred off the lot by natural causes
or forces, nor shall any substance be deposited which can contaminate
an underground aquifer or otherwise render such underground aquifer
undesirable as a source of water supply or recreation or which will
destroy aquatic life. All materials or wastes which might cause fumes
or dust or which constitute a fire hazard or which may be edible or
otherwise attractive to rodents or insects shall be stored indoors
or enclosed in appropriate containers adequate to eliminate such hazards.
Containers shall not be stored or placed in any front yard.
Q.
The storage or manufacture of liquefied petroleum gases, hydrogen
gas or other material, whether in liquid or gaseous phase, which is
flammable or explosive when mixed with air in sufficient proportions
or which may be toxic or poisonous if inhaled by any person is prohibited
in all zoning districts; provided, however, that nothing in this subsection
shall be deemed to prohibit the use as fuel for domestic purposes
of liquefied petroleum gases when stored in cylinders constructed
in accordance with regulations of the Interstate Commerce Commission
and located on the exterior of the building supplied; and provided,
further, that the systems in connection with said cylinders are listed
by the Underwriters Laboratories. The existing storage and use of
anhydrous ammonia as of the effective date of this chapter may continue.
R.
Upon the effective date of this subsection, new "dollar stores" within
the boundaries of the Township of Irvington are hereby limited within
a one-thousand-foot radius of any existing "dollar store."
[Added 6-14-2016 by Ord.
No. MC 3576]
[Amended 8-10-2010 by Ord. No. MC 3425]
A.
There shall be included in any new multifamily housing development
that requires subdivision or site plan approval an indoor or outdoor
recycling area for the collection and storage of residentially generated
recyclable materials. The dimensions of the recycling area shall be
sufficient to accommodate recycling bins or containers which are of
adequate size and number and which are consistent with anticipated
usage and with current methods of collection in the area in which
the project is located. The dimensions of the recycling area and the
bins or containers shall be determined in consultation with the Municipal
Recycling Coordinator and shall be consistent with the District Recycling
Plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A.
13:1E-99.13), and any applicable requirements of the Municipal Master
Plan adopted pursuant to Section 26 of P.L. 1987, c. 102.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-28 et seq.
B.
The recycling area shall be conveniently located for the residential
disposition of source-separated recyclable materials, preferably near,
but clearly separated from a refuse dumpster.
C.
The recycling area shall be well lit and shall be safely and easily
accessible by recycling personnel and vehicles. Collection vehicles
shall be able to access the recycling area without interference from
parked cars or other obstacles. Reasonable measures shall be taken
to protect the recycling area, and the bins or containers placed therein,
against theft of recyclable materials, bins or containers.
D.
The recycling area or the bins or containers placed therein shall
be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for collection of recyclable
paper or cardboard and which are located in an outdoor recycling area
shall be equipped with a lid or otherwise covered so as to keep the
paper or cardboard dry.
E.
Signs clearly identifying the recycling area and the materials accepted
therein shall be posted adjacent to all points of access to the recycling
area. Individual bins or containers shall be equipped with signs indicating
the materials to be placed therein.
F.
Landscaping and/or fencing shall be provided around any outdoor recycling
area and shall be developed in an aesthetically pleasing manner.
